[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 1776 Reported in Senate (RS)]
<DOC>
Calendar No. 378
114th CONGRESS
2d Session
S. 1776
[Report No. 114-217]
To enhance tribal road safety, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
July 15, 2015
Mr. Barrasso (for himself and Mr. Crapo) introduced the following bill;
which was read twice and referred to the Committee on Indian Affairs
February 29, 2016
Reported by Mr. Barrasso, with an amendment
[Strike out all after the enacting clause and insert the part printed
in italic]
_______________________________________________________________________
A BILL
To enhance tribal road safety, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
<DELETED>SECTION 1. SHORT TITLE.</DELETED>
<DELETED> This Act may be cited as the ``Tribal Infrastructure and
Roads Enhancement and Safety Act'' or ``TIRES Act''.</DELETED>
<DELETED>SEC. 2. DEFINITIONS.</DELETED>
<DELETED> In this Act:</DELETED>
<DELETED> (1) Indian reservation.--The term ``Indian
reservation'' has the meaning given the term ``reservation'' in
section 3 of the Indian Financing Act of 1974 (25 U.S.C.
1452).</DELETED>
<DELETED> (2) Secretary.--The term ``Secretary'' means the
Secretary of the Interior.</DELETED>
<DELETED>SEC. 3. APPLICATION OF CATEGORICAL EXCLUSIONS TO CERTAIN
TRIBAL TRANSPORTATION FACILITIES.</DELETED>
<DELETED> (a) In General.--</DELETED>
<DELETED> (1) Categorical exclusions.--Effective on the date
of enactment of this Act, a highway project, including projects
administered by the Bureau of Indian Affairs, located on a road
on an Indian reservation and eligible for assistance under
section 202 of title 23, United States Code, is deemed to be an
action categorically excluded from the requirements relating to
environmental assessments or environmental impact statements
under section 1508.4 of title 40, Code of Federal Regulations
(as in effect on the date of enactment of this Act), if the
project--</DELETED>
<DELETED> (A) qualifies for categorical exclusion
under--</DELETED>
<DELETED> (i) MAP-21 (Public Law 112-141;
126 Stat. 405) or an amendment made by that
Act; or</DELETED>
<DELETED> (ii) section 771.117 of title 23,
Code of Federal Regulations (or successor
regulations); or</DELETED>
<DELETED> (B) would meet those requirements if the
project sponsor were a State agency.</DELETED>
<DELETED> (2) MAP-21 categorical exclusions to certain
tribal transportation facilities.--Section 1317 of MAP-21 (23
U.S.C. 109 note; 126 Stat. 550) is amended--</DELETED>
<DELETED> (A) in paragraph (1)(B), by striking ``;
and'' and inserting a period;</DELETED>
<DELETED> (B) beginning in the matter preceding
paragraph (1), by striking ``Not later than'' and all
that follows through ``(1) designate'' and inserting
the following:</DELETED>
<DELETED> ``(a) In General.--</DELETED>
<DELETED> ``(1) Designation of categorical exclusions.--
Subject to paragraph (2), not later than 180 days after the
date of enactment of this Act, the Secretary shall
designate'';</DELETED>
<DELETED> (C) in paragraph (2)--</DELETED>
<DELETED> (i) by striking ``paragraph (1)''
and inserting ``subsection (a)''; and</DELETED>
<DELETED> (ii) by striking ``(2) not later
than'' and inserting the following:</DELETED>
<DELETED> ``(b) Regulations.--The Secretary shall, not later than'';
and</DELETED>
<DELETED> (D) in subsection (a) (as designated by
subparagraph (B)), by adding at the end the
following:</DELETED>
<DELETED> ``(2) Application of categorical exclusions to
certain tribal transportation facilities.--With respect to a
project described in paragraph (1) that is located on a road on
an Indian reservation, for the first full fiscal year after the
date of enactment of the TIRES Act, and each fiscal year
thereafter, the amount referred to in paragraph (1)(A) shall be
adjusted to reflect changes for the 12-month period ending the
preceding November 30 in the Consumer Price Index for All Urban
Consumers published by the Bureau of Labor Statistics of the
Department of Labor.''.</DELETED>
<DELETED> (b) Administration.--The Secretary may issue guidance or
rules for the administration of this section.</DELETED>
<DELETED> (c) Effective Date.--</DELETED>
<DELETED> (1) In general.--The categorical exclusions
described in subsection (a), and the amendments made by
subsection (a), take effect on the date of enactment of this
Act.</DELETED>
<DELETED> (2) Failure of secretary to act.--The failure of
the Secretary to promulgate any final regulations or guidance
shall not affect the qualification for the categorical
exclusions described in subsection (a).</DELETED>
<DELETED>SEC. 4. STREAMLINING FOR TRIBAL PUBLIC SAFETY PROJECTS WITHIN
EXISTING OPERATIONAL RIGHTS-OF-WAY.</DELETED>
<DELETED> Section 1316 of MAP-21 (23 U.S.C. 109 note; 126 Stat. 549)
is amended--</DELETED>
<DELETED> (1) in subsection (b)--</DELETED>
<DELETED> (A) by striking ``(b) Definition of an
Operational Right-of-way.--In this section, the'' and
inserting the following:</DELETED>
<DELETED> ``(b) Definitions.--In this section:</DELETED>
<DELETED> ``(1) Operational right-of-way.--</DELETED>
<DELETED> ``(A) In general.--The''; and</DELETED>
<DELETED> (B) by adding at the end the
following:</DELETED>
<DELETED> ``(B) Inclusion.--For purposes of
subparagraph (A), if a real property interest on an
Indian reservation has not been formally designated an
operational right-of-way, an Indian tribe may determine
the scope and boundaries of that real property interest
as an operational right-of-way, subject to the approval
of the Bureau of Indian Affairs and the
Secretary.</DELETED>
<DELETED> ``(2) Tribal public safety project.--</DELETED>
<DELETED> ``(A) In general.--The term `tribal public
safety project' means a project subject to this section
that--</DELETED>
<DELETED> ``(i) corrects or improves a
hazardous road location or feature;
or</DELETED>
<DELETED> ``(ii) addresses a highway safety
problem.</DELETED>
<DELETED> ``(B) Inclusions.--The term `tribal public
safety project' includes a project for 1 or more of the
following:</DELETED>
<DELETED> ``(i) An intersection safety
improvement.</DELETED>
<DELETED> ``(ii) Pavement and shoulder
widening, including addition of a passing lane
to remedy an unsafe condition.</DELETED>
<DELETED> ``(iii) Installation of a rumble
strip or other warning device, if the rumble
strip or other warning device does not
adversely affect the safety or mobility of
bicyclists, pedestrians, or the
disabled.</DELETED>
<DELETED> ``(iv) Installation of a skid-
resistant surface at an intersection or other
location with a high frequency of
accidents.</DELETED>
<DELETED> ``(v) An improvement for
pedestrian or bicyclist safety or safety of the
disabled.</DELETED>
<DELETED> ``(vi) Construction of any project
for the elimination of hazards at a railway-
highway crossing that is eligible for funding
under section 130 of title 23, United States
Code, including the separation or protection of
grades at railway-highway crossings.</DELETED>
<DELETED> ``(vii) Construction of a railway-
highway crossing safety feature, including
installation of protective devices.</DELETED>
<DELETED> ``(viii) The conduct of a model
traffic enforcement activity at a railway-
highway crossing.</DELETED>
<DELETED> ``(ix) Construction of a traffic
calming feature.</DELETED>
<DELETED> ``(x) Elimination of a roadside
obstacle.</DELETED>
<DELETED> ``(xi) Improvement of highway
signage and pavement markings.</DELETED>
<DELETED> ``(xii) Installation of a priority
control system for emergency vehicles at
signalized intersections.</DELETED>
<DELETED> ``(xiii) Installation of a traffic
control or other warning device at a location
with high accident potential.</DELETED>
<DELETED> ``(xiv) Safety-conscious
planning.</DELETED>
<DELETED> ``(xv) Improvements in the
collection and analysis of crash
data.</DELETED>
<DELETED> ``(xvi) Planning integrated
interoperable emergency communications
equipment, operational activities, or traffic
enforcement activities, including police
assistance, relating to workzone
safety.</DELETED>
<DELETED> ``(xvii) Installation of
guardrails, barriers, including barriers
between construction work zones and traffic
lanes for the safety of motorists and workers,
and crash attenuators.</DELETED>
<DELETED> ``(xviii) The addition or
retrofitting of structures or other measures to
eliminate or reduce accidents involving
vehicles and wildlife.</DELETED>
<DELETED> ``(xix) Installation and
maintenance of signs, including fluorescent,
yellow-green signs, at pedestrian-bicycle
crossings and in school zones.</DELETED>
<DELETED> ``(xx) Construction and yellow-
green signs at pedestrian-bicycle crossings and
in school zones.</DELETED>
<DELETED> ``(xxi) Construction and
operational improvements on high risk rural
roads.</DELETED>
<DELETED> ``(xxii) Any other project that
the Secretary determines
qualifies.'';</DELETED>
<DELETED> (2) by redesignating subsections (a) and (b) as
subsections (b) and (a), respectively;</DELETED>
<DELETED> (3) in subsection (b) (as so redesignated), in the
subsection heading, by striking ``In General'' and inserting
``Designation''; and</DELETED>
<DELETED> (4) by adding at the end the following:</DELETED>
<DELETED> ``(c) Projects Within Existing Operational Rights-of-
Way.--</DELETED>
<DELETED> ``(1) Applicability.--This subsection applies to a
project within an existing operational right-of-way on an
Indian reservation (as defined in section 3 of the Indian
Financing Act of 1974 (25 U.S.C. 1452)) that is--</DELETED>
<DELETED> ``(A) for a maintenance or preservation
activity, whether or not federally funded, within the
existing operational right-of-way, including for
roadside ditches; or</DELETED>
<DELETED> ``(B) a project that--</DELETED>
<DELETED> ``(i) is a tribal public safety
project or a project that the tribal department
of transportation or the equivalent (or in the
case of an Indian tribe without a tribal
department of transportation or an official
representing the Indian tribe) certifies to the
Secretary as providing a safety benefit to the
public; and</DELETED>
<DELETED> ``(ii) is an action that--
</DELETED>
<DELETED> ``(I) is categorically
excluded under section 771.117 of title
23, Code of Federal Regulations (or
successor regulations); or</DELETED>
<DELETED> ``(II) would be
categorically excluded under section
771.117 of title 23, Code of Federal
Regulations (or successor regulations),
if the applicant were a State
agency.</DELETED>
<DELETED> ``(2) Final action.--Except as provided in
paragraph (3), a Federal agency shall take final action on an
application by an Indian tribe for a permit, approval, or
jurisdictional determination for a project described in
paragraph (1) not later than 45 days after the date of receipt
of the application.</DELETED>
<DELETED> ``(3) Extensions.--A Federal agency may extend the
period to take final action on an application by an Indian
tribe under paragraph (2) by an additional 30 days by providing
to the Secretary and the Indian tribe notice of the extension,
including a statement of the need for the extension.</DELETED>
<DELETED> ``(4) Constructive approval.--If a Federal agency
does not take final action on an application by an Indian tribe
under paragraphs (2) and (3)--</DELETED>
<DELETED> ``(A) the permit or approval for the
project described in paragraph (1) shall be considered
approved; and</DELETED>
<DELETED> ``(B) the Indian tribe shall notify the
Secretary of approval under this paragraph.</DELETED>
<DELETED> ``(5) Report.--Not later than 4 years after the
date of enactment of the `TIRES Act', the Secretary shall
submit to Congress a report that describes the operation of
this subsection, including any recommendations.''.</DELETED>
<DELETED>SEC. 5. BUREAU OF INDIAN AFFAIRS REDUCTION IN ADMINISTRATIVE
FEE.</DELETED>
<DELETED> Section 202(a)(6) of title 23, United States Code, is
amended by striking ``6 percent'' and inserting ``5 percent for each
fiscal year''.</DELETED>
<DELETED>SEC. 6. OPTION OF ASSUMING NEPA APPROVAL AUTHORITY.</DELETED>
<DELETED> (a) Definition of Secretary.--In this section, the term
``Secretary'' means the Secretary of the Interior or the Secretary of
Transportation, as applicable.</DELETED>
<DELETED> (b) Assumption of Federal Responsibilities.--An Indian
tribe participating in tribal self-governance or a contract or
agreement under subsection (a)(2) or (b)(7) of section 202 of title 23,
United States Code, and carrying out construction projects on the
Indian reservation over which the Indian tribe has jurisdiction, may
elect to assume all Federal responsibilities under the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), division A
of subtitle III of title 54, United States Code, and other applicable
Federal law that would apply if the Secretary were to undertake a
construction project if the Indian tribe--</DELETED>
<DELETED> (1) designates an officer--</DELETED>
<DELETED> (A) to represent the Indian tribe;
and</DELETED>
<DELETED> (B) to assume the status of a responsible
Federal official under those laws; and</DELETED>
<DELETED> (2) accepts the jurisdiction of the Federal court
for the purpose of enforcement of the responsibilities of the
responsible Federal official under those laws.</DELETED>
<DELETED>SEC. 7. TRIBAL GOVERNMENT TRANSPORTATION SAFETY DATA
REPORT.</DELETED>
<DELETED> (a) Findings.--Congress finds that--</DELETED>
<DELETED> (1) in many States, the Native American population
is disproportionately represented in fatalities and crash
statistics;</DELETED>
<DELETED> (2) improved crash reporting by tribal law
enforcement agencies would facilitate safety planning and would
enable Indian tribes to apply more successfully for State and
Federal funds for safety improvements;</DELETED>
<DELETED> (3) the causes of underreporting of crashes on
Indian reservations include--</DELETED>
<DELETED> (A) tribal law enforcement capacity,
including--</DELETED>
<DELETED> (i) staffing shortages and
turnover; and</DELETED>
<DELETED> (ii) lack of equipment, software,
and training; and</DELETED>
<DELETED> (B) lack of standardization in crash
reporting forms and protocols; and</DELETED>
<DELETED> (4) without more accurate reporting of crashes on
Indian reservations, it is difficult or impossible to fully
understand the nature of the problem and develop appropriate
countermeasures, which may include effective transportation
safety planning and programs aimed at--</DELETED>
<DELETED> (A) DUI prevention;</DELETED>
<DELETED> (B) pedestrian safety;</DELETED>
<DELETED> (C) roadway safety improvements;</DELETED>
<DELETED> (D) seat belt usage; and</DELETED>
<DELETED> (E) proper use of child
restraints.</DELETED>
<DELETED> (b) Report to Congress.--</DELETED>
<DELETED> (1) In general.--Not later than 1 year after the
date of enactment of this Act, the Secretary, after
consultation with the Secretary of Transportation, the
Secretary of Health and Human Services, the Attorney General,
and Indian tribes, shall submit to the Committee on Indian
Affairs of the Senate and the Committee on Natural Resources of
the House of Representatives a report describing the quality of
transportation safety data collected by States and counties for
transportation safety systems and the relevance of that data to
improving the collection and sharing of data on crashes on
Indian reservations.</DELETED>
<DELETED> (2) Purposes.--The purposes of the report
described in paragraph (1) are--</DELETED>
<DELETED> (A) to improve the collection and sharing
of data on crashes on Indian reservations;
and</DELETED>
<DELETED> (B) to develop data that Indian tribes can
use to recover damages to tribal property caused by
motorists.</DELETED>
<DELETED> (3) Paperless data reporting.--In preparing the
report under paragraph (1), the Secretary shall provide Indian
tribes with options and best practices for transition to a
paperless transportation safety data reporting system that--
</DELETED>
<DELETED> (A) improves the collection of crash
reports;</DELETED>
<DELETED> (B) stores, archives, queries, and shares
crash records; and</DELETED>
<DELETED> (C) uses data exclusively--</DELETED>
<DELETED> (i) to address traffic safety
issues on Indian reservations; and</DELETED>
<DELETED> (ii) to identify and improve
problem areas on public roads on Indian
reservations.</DELETED>
<DELETED> (4) Additional budgetary resources.--The Secretary
shall include in the report under paragraph (1) the
identification of Federal transportation funds provided to
Indian tribes by agencies in addition to the Department of the
Interior.</DELETED>
<DELETED>SEC. 8. BUREAU OF INDIAN AFFAIRS ROAD SAFETY STUDY.</DELETED>
<DELETED> Not later than 2 years after the date of enactment of this
Act, the Secretary, acting through the Assistant Secretary for Indian
Affairs, in consultation with the Secretary of Transportation, the
Attorney General, and States, shall--</DELETED>
<DELETED> (1) complete a study that identifies and evaluates
options for improving safety on public roads on Indian
reservations; and</DELETED>
<DELETED> (2) submit to the Committee on Indian Affairs of
the Senate and the Committee on Natural Resources of the House
of Representatives a report describing the results of the
study.</DELETED>
<DELETED>SEC. 9. TRIBAL TRANSPORTATION FUNDING.</DELETED>
<DELETED> (a) In General.--Section 1101(a)(3) of MAP-21 (Public Law
112-141, 126 Stat. 414) is amended--</DELETED>
<DELETED> (1) by striking subparagraph (A) and inserting the
following:</DELETED>
<DELETED> ``(A) Tribal transportation program.--For
the tribal transportation program under section 202 of
title 23, United States Code (other than subsection (d)
of that section), there is authorized to be
appropriated--</DELETED>
<DELETED> ``(i) $468,180,000 for fiscal year
2016;</DELETED>
<DELETED> ``(ii) $477,540,000 for fiscal
year 2017;</DELETED>
<DELETED> ``(iii) $487,090,000 for fiscal
year 2018;</DELETED>
<DELETED> ``(iv) $496,830,000 for fiscal
year 2019;</DELETED>
<DELETED> ``(v) $506,770,000 for fiscal year
2020; and</DELETED>
<DELETED> ``(vi) $516,905,400 for fiscal
year 2021.''; and</DELETED>
<DELETED> (2) by adding at the end the following:</DELETED>
<DELETED> ``(D) Tribal transportation facility
bridge program.--For the tribal transportation facility
bridge program under section 202(d) of title 23, United
States Code, there is authorized to be appropriated--
</DELETED>
<DELETED> ``(i) $16,000,000 for fiscal year
2016;</DELETED>
<DELETED> ``(ii) $18,000,000 for fiscal year
2017;</DELETED>
<DELETED> ``(iii) $20,000,000 for fiscal
year 2018;</DELETED>
<DELETED> ``(iv) $22,000,000 for fiscal year
2019;</DELETED>
<DELETED> ``(v) $24,000,000 for fiscal year
2020; and</DELETED>
<DELETED> ``(vi) $26,000,000 for fiscal year
2021.''.</DELETED>
<DELETED> (b) Tribal Transportation Facility Bridge Program.--
Section 202(d) of title 23, United States Code, is amended by striking
paragraph (2) and inserting the following:</DELETED>
<DELETED> ``(2) Tribal transportation facility bridge
program.--The Secretary shall use funds made available to carry
out this subsection--</DELETED>
<DELETED> ``(A) to carry out any planning, design,
engineering, preconstruction, construction, and
inspection of new or replacement tribal transportation
facility bridges;</DELETED>
<DELETED> ``(B) to replace, rehabilitate,
seismically retrofit, paint, apply calcium magnesium
acetate, sodium acetate/formate, or other
environmentally acceptable, minimally corrosive anti-
icing and deicing composition; or</DELETED>
<DELETED> ``(C) to implement any countermeasure for
deficient tribal transportation facility bridges,
including multiple-pipe culverts.''.</DELETED>
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Tribal Infrastructure and Roads
Enhancement and Safety Act'' or ``TIRES Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Indian reservation.--The term ``Indian reservation''
has the meaning given the term ``reservation'' in section 3 of
the Indian Financing Act of 1974 (25 U.S.C. 1452).
(2) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
SEC. 3. APPLICATION OF CATEGORICAL EXCLUSIONS TO CERTAIN TRIBAL
TRANSPORTATION FACILITIES.
(a) Categorical Exclusions.--
(1) In general.--Effective on the date of enactment of this
Act, a highway project, including projects administered by the
Bureau of Indian Affairs, located on a road eligible for
assistance under section 202 of title 23, United States Code,
is deemed to be an action categorically excluded from the
requirements relating to environmental assessments or
environmental impact statements under section 1508.4 of title
40, Code of Federal Regulations (as in effect on the date of
enactment of this Act), if the project--
(A) qualifies for categorical exclusion under--
(i) MAP-21 (Public Law 112-141; 126 Stat.
405) or an amendment made by that Act; or
(ii) section 771.117 of title 23, Code of
Federal Regulations (or successor regulations);
or
(B) would meet those requirements if the project
sponsor were a State agency.
(2) MAP-21 categorical exclusions to certain tribal
transportation facilities.--Section 1317 of MAP-21 (23 U.S.C.
109 note; 126 Stat. 550) is amended--
(A) in paragraph (1)(B), by striking ``; and'' and
inserting a period;
(B) beginning in the matter preceding paragraph
(1), by striking ``Not later than'' and all that
follows through ``(1) designate'' and inserting the
following:
``(a) Designation of Categorical Exclusions.--
``(1) In general.--Subject to paragraph (2), not later than
180 days after the date of enactment of this Act, the Secretary
shall designate'';
(C) in paragraph (2)--
(i) by striking ``paragraph (1)'' and
inserting ``subsection (a)''; and
(ii) by striking ``(2) not later than'' and
inserting the following:
``(b) Regulations.--The Secretary shall, not later than''; and
(D) in subsection (a) (as designated by
subparagraph (B)), by adding at the end the following:
``(2) Application of categorical exclusions to certain
tribal transportation facilities.--With respect to a project
described in paragraph (1) that is located on a road eligible
for assistance under section 202 of title 23, United States
Code, for the first full fiscal year after the date of
enactment of the TIRES Act, and each fiscal year thereafter,
the amount referred to in paragraph (1)(A) shall be adjusted to
reflect changes for the 12-month period ending the preceding
November 30 in the Consumer Price Index for All Urban Consumers
published by the Bureau of Labor Statistics of the Department
of Labor.''.
(b) Administration.--The Secretary may issue guidance or rules for
the administration of this section.
(c) Effective Date.--
(1) In general.--The categorical exclusions described in
subsection (a), and the amendments made by subsection (a), take
effect on the date of enactment of this Act.
(2) Failure of secretary to act.--The failure of the
Secretary to promulgate any final regulations or guidance shall
not affect the qualification for the categorical exclusions
described in subsection (a).
SEC. 4. STREAMLINING FOR TRIBAL PUBLIC SAFETY PROJECTS WITHIN EXISTING
OPERATIONAL RIGHTS-OF-WAY.
Section 1316 of MAP-21 (23 U.S.C. 109 note; 126 Stat. 549) is
amended--
(1) in subsection (b)--
(A) by striking ``(b) Definition of an Operational
Right-of-way.--In this section, the'' and inserting the
following:
``(b) Definitions.--In this section:
``(1) Operational right-of-way.--
``(A) In general.--The''; and
(B) by adding at the end the following:
``(B) Inclusion.--For purposes of subparagraph (A),
if a real property interest on an Indian reservation
has not been formally designated an operational right-
of-way, an Indian tribe may determine the scope and
boundaries of that real property interest as an
operational right-of-way, subject to the approval of
the Bureau of Indian Affairs and the Secretary.
``(2) Tribal public safety project.--
``(A) In general.--The term `tribal public safety
project' means a project subject to this section that--
``(i) corrects or improves a hazardous road
location or feature; or
``(ii) addresses a highway safety problem.
``(B) Inclusions.--The term `tribal public safety
project' includes a project for 1 or more of the
following:
``(i) An intersection safety improvement.
``(ii) Pavement and shoulder widening,
including addition of a passing lane to remedy
an unsafe condition.
``(iii) Installation of a rumble strip or
other warning device, if the rumble strip or
other warning device does not adversely affect
the safety or mobility of bicyclists,
pedestrians, or the disabled.
``(iv) Installation of a skid-resistant
surface at an intersection or other location
with a high frequency of accidents.
``(v) An improvement for pedestrian or
bicyclist safety or safety of the disabled.
``(vi) Construction of any project for the
elimination of hazards at a railway-highway
crossing that is eligible for funding under
section 130 of title 23, United States Code,
including the separation or protection of
grades at railway-highway crossings.
``(vii) Construction of a railway-highway
crossing safety feature, including installation
of protective devices.
``(viii) The conduct of a model traffic
enforcement activity at a railway-highway
crossing.
``(ix) Construction of a traffic calming
feature.
``(x) Elimination of a roadside obstacle.
``(xi) Improvement of highway signage and
pavement markings.
``(xii) Installation of a priority control
system for emergency vehicles at signalized
intersections.
``(xiii) Installation of a traffic control
or other warning device at a location with high
accident potential.
``(xiv) Safety-conscious planning.
``(xv) Improvements in the collection and
analysis of crash data.
``(xvi) Planning integrated interoperable
emergency communications equipment, operational
activities, or traffic enforcement activities,
including police assistance, relating to
workzone safety.
``(xvii) Installation of guardrails,
barriers, including barriers between
construction work zones and traffic lanes for
the safety of motorists and workers, and crash
attenuators.
``(xviii) The addition or retrofitting of
structures or other measures to eliminate or
reduce accidents involving vehicles and
wildlife.
``(xix) Installation and maintenance of
signs, including fluorescent, yellow-green
signs, at pedestrian-bicycle crossings and in
school zones.
``(xx) Construction and yellow-green signs
at pedestrian-bicycle crossings and in school
zones.
``(xxi) Construction and operational
improvements on high-risk rural roads.
``(xxii) Any other project that the
Secretary determines qualifies.'';
(2) by redesignating subsections (a) and (b) as subsections
(b) and (a), respectively, and moving the subsections so as to
appear in alphabetical order;
(3) in subsection (b) (as so redesignated), in the
subsection heading, by striking ``In General'' and inserting
``Designation''; and
(4) by adding at the end the following:
``(c) Projects Within Existing Operational Rights-of-way.--
``(1) Applicability.--This subsection applies to a project
within an existing operational right-of-way on an Indian
reservation (as defined in section 3 of the Indian Financing
Act of 1974 (25 U.S.C. 1452)) that is--
``(A) for a maintenance or preservation activity,
whether or not federally funded, within the existing
operational right-of-way, including for roadside
ditches; or
``(B) a project that--
``(i) is a tribal public safety project or
a project that the tribal department of
transportation or the equivalent (or in the
case of an Indian tribe without a tribal
department of transportation or equivalent, an
official representing the Indian tribe)
certifies to the Secretary as providing a
safety benefit to the public; and
``(ii) is an action that--
``(I) is categorically excluded
under section 771.117 of title 23, Code
of Federal Regulations (or successor
regulations); or
``(II) would be categorically
excluded under section 771.117 of title
23, Code of Federal Regulations (or
successor regulations), if the
applicant were a State agency.
``(2) Final action.--Except as provided in paragraph (3), a
Federal agency shall take final action on an application by an
Indian tribe for a permit, approval, or jurisdictional
determination for a project described in paragraph (1) not
later than 45 days after the date of receipt of the
application.
``(3) Extensions.--A Federal agency may extend the period
to take final action on an application by an Indian tribe under
paragraph (2) by an additional 30 days by providing to the
Secretary and the Indian tribe notice of the extension,
including a statement of the need for the extension.
``(4) Constructive approval.--If a Federal agency does not
take final action on an application by an Indian tribe under
paragraphs (2) and (3)--
``(A) the permit or approval for the project
described in paragraph (1) shall be considered
approved; and
``(B) the Indian tribe shall notify the Secretary
of approval under this paragraph.
``(5) Report.--Not later than 4 years after the date of
enactment of the `TIRES Act', the Secretary shall submit to
Congress a report that describes the operation of this
subsection, including any recommendations.''.
SEC. 5. BUREAU OF INDIAN AFFAIRS REDUCTION IN ADMINISTRATIVE FEE.
Section 202(a)(6) of title 23, United States Code, is amended by
striking ``6 percent'' and inserting ``5 percent for each fiscal
year''.
SEC. 6. OPTION OF ASSUMING NEPA APPROVAL AUTHORITY.
(a) Definition of Secretary.--In this section, the term
``Secretary'' means the Secretary of the Interior or the Secretary of
Transportation, as applicable.
(b) Assumption of Federal Responsibilities.--An Indian tribe
participating in tribal self-governance or a contract or agreement
under subsection (a)(2) or (b)(7) of section 202 of title 23, United
States Code, and carrying out construction projects on the Indian
reservation over which the Indian tribe has jurisdiction, may elect to
assume all Federal responsibilities under the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.), division A of subtitle III
of title 54, United States Code, and other applicable Federal law that
would apply if the Secretary were to undertake a construction project
if the Indian tribe--
(1) designates an officer--
(A) to represent the Indian tribe; and
(B) to assume the status of a responsible Federal
official under those laws; and
(2) accepts the jurisdiction of the Federal court for the
purpose of enforcement of the responsibilities of the
responsible Federal official under those laws.
SEC. 7. TRIBAL GOVERNMENT TRANSPORTATION SAFETY DATA REPORT.
(a) Findings.--Congress finds that--
(1) in many States, the Native American population is
disproportionately represented in fatalities and crash
statistics;
(2) improved crash reporting by tribal law enforcement
agencies would facilitate safety planning and would enable
Indian tribes to apply more successfully for State and Federal
funds for safety improvements;
(3) the causes of underreporting of crashes on Indian
reservations include--
(A) tribal law enforcement capacity, including--
(i) staffing shortages and turnover; and
(ii) lack of equipment, software, and
training; and
(B) lack of standardization in crash reporting
forms and protocols; and
(4) without more accurate reporting of crashes on Indian
reservations and rural roads located in or around Alaska Native
villages and within the boundaries of Regional Corporations
(within the meaning of the Alaska Native Claims Settlement Act
(43 U.S.C. 1601 et seq.)), it is difficult or impossible to
fully understand the nature of the problem and develop
appropriate countermeasures, which may include effective
transportation safety planning and programs aimed at--
(A) DUI prevention;
(B) pedestrian safety;
(C) roadway safety improvements;
(D) seat belt usage; and
(E) proper use of child restraints.
(b) Report to Congress.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Secretary, after consultation with
the Secretary of Transportation, the Secretary of Health and
Human Services, the Attorney General, and Indian tribes, shall
submit to the Committee on Indian Affairs of the Senate and the
Committee on Natural Resources of the House of Representatives
a report describing the quality of transportation safety data
collected by States and counties for transportation safety
systems and the relevance of that data to improving the
collection and sharing of data on crashes on or near--
(A) Indian reservations; or
(B) rural roads located in or around Alaska Native
villages and within the boundaries of Regional
Corporations (within the meaning of the Alaska Native
Claims Settlement Act (43 U.S.C. 1601 et seq.)).
(2) Purposes.--The purposes of the report described in
paragraph (1) are--
(A) to improve the collection and sharing of data
on crashes on or near Indian reservations; and
(B) to develop data that Indian tribes can use to
recover damages to tribal property caused by motorists.
(3) Paperless data reporting.--In preparing the report
under paragraph (1), the Secretary shall provide Indian tribes
with options and best practices for transition to a paperless
transportation safety data reporting system that--
(A) improves the collection of crash reports;
(B) stores, archives, queries, and shares crash
records; and
(C) uses data exclusively--
(i) to address traffic safety issues on--
(I) Indian reservations; and
(II) rural roads located in or
around Alaska Native villages and
within the boundaries of Regional
Corporations (within the meaning of the
Alaska Native Claims Settlement Act (43
U.S.C. 1601 et seq.)); and
(ii) to identify and improve problem areas
on--
(I) public roads on Indian
reservations; and
(II) rural roads located in or
around Alaska Native villages and
within the boundaries of Regional
Corporations (within the meaning of the
Alaska Native Claims Settlement Act (43
U.S.C. 1601 et seq.)).
(4) Additional budgetary resources.--The Secretary shall
include in the report under paragraph (1) the identification of
Federal transportation funds provided to Indian tribes by
agencies in addition to the Department of the Interior.
SEC. 8. BUREAU OF INDIAN AFFAIRS ROAD SAFETY STUDY.
Not later than 2 years after the date of enactment of this Act, the
Secretary, acting through the Assistant Secretary for Indian Affairs,
in consultation with the Secretary of Transportation, the Attorney
General, and States, shall--
(1) complete a study that identifies and evaluates options
for improving safety on--
(A) public roads on or near Indian reservations;
and
(B) rural roads located in or around Alaska Native
villages and within the boundaries of Regional
Corporations (within the meaning of the Alaska Native
Claims Settlement Act (43 U.S.C. 1601 et seq.)); and
(2) submit to the Committee on Indian Affairs of the Senate
and the Committee on Natural Resources of the House of
Representatives a report describing the results of the study.
SEC. 9. TRIBAL TRANSPORTATION FUNDING.
(a) In General.--Section 1101(a)(3) of MAP-21 (Public Law 112-141;
126 Stat. 414) is amended--
(1) by striking subparagraph (A) and inserting the
following:
``(A) Tribal transportation program.--For the
tribal transportation program under section 202 of
title 23, United States Code (other than subsection (d)
of that section), there are authorized to be
appropriated--
``(i) $468,180,000 for fiscal year 2016;
``(ii) $477,540,000 for fiscal year 2017;
``(iii) $487,090,000 for fiscal year 2018;
``(iv) $496,830,000 for fiscal year 2019;
``(v) $506,770,000 for fiscal year 2020;
and
``(vi) $516,905,400 for fiscal year
2021.''; and
(2) by adding at the end the following:
``(D) Tribal transportation facility bridge
program.--For the tribal transportation facility bridge
program under section 202(d) of title 23, United States
Code, there are authorized to be appropriated--
``(i) $16,000,000 for fiscal year 2016;
``(ii) $18,000,000 for fiscal year 2017;
``(iii) $20,000,000 for fiscal year 2018;
``(iv) $22,000,000 for fiscal year 2019;
``(v) $24,000,000 for fiscal year 2020; and
``(vi) $26,000,000 for fiscal year 2021.''.
(3) Tribal transportation facility bridge program.--Section
202(d) of title 23, United States Code, is amended by striking
paragraph (2) and inserting the following:
``(2) Tribal transportation facility bridge program.--The
Secretary shall use funds made available to carry out this
subsection--
``(A) to carry out any planning, design,
engineering, preconstruction, construction, and
inspection of new or replacement tribal transportation
facility bridges;
``(B) to replace, rehabilitate, seismically
retrofit, paint, apply calcium magnesium acetate,
sodium acetate/formate, or other environmentally
acceptable, minimally corrosive anti-icing and deicing
composition; or
``(C) to implement any countermeasure for deficient
tribal transportation facility bridges, including
multiple-pipe culverts.''.
Calendar No. 378
114th CONGRESS
2d Session
S. 1776
[Report No. 114-217]
_______________________________________________________________________
A BILL
To enhance tribal road safety, and for other purposes.
_______________________________________________________________________
February 29, 2016
Reported with an amendment